Solicitation_Child_Advocate_ORR_15-233-SOL-00327.pdf

Solicitation No. 15-233-SOL-00327

Child Advocate

1. GENERAL INFORMATION

This is a combined synopsis/solicitation for commercial services prepared in accordance with the Federal

Acquisition Regulation (FAR format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation is being issued in conjunction with FAR Part

15 Contracting by Negotiation as applicable. The solicitation number is 15-233-SOL-00327. This announcement is issued as a Request for Proposal (RFP).

The solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular 2005-82, 17 May 2015.

The associated North American Industry Classification System (NAICS) Code is – 541199 – All Other

Legal Services.

This announcement serves to notify contractors that the government contemplates awarding a Firm Fixed

Price contract resulting from this solicitation for the services defined herein.

Prospective offerors are responsible for downloading the solicitation and any amendments. It is the offeror’s responsibility to monitor the FedBizOpps website for the release of any amendments to this solicitation.

1.1 SEVERABLE SERVICES

The services acquired under this contract are severable services. Funds are only available for use for the line item to which they are obligated. Unused funds from one period (line item) may not rollover for use in other periods.

2. CONSIDERATION AND PAYMENT SCHEDULE (FFP)

The total fixed price of this contract/order is $______________. The Contractor shall provide the services described in Section C. Except as otherwise specified in the contract, the Contractor shall furnish the necessary personnel, materials, services, and otherwise do all things necessary for or incidental to the performance of the work set forth herein.

In consideration of satisfactory performance of the work described in the Statement of Work (SOW), the

Contractor shall be compensated on a Firm Fixed Price (FFP) basis as follows.

Base Period

Line Item Dollars Quantity Unit of Issue Total

General Areas $ 12 Month $

Option Period 1

Optional Areas $ $

Option Period 2

Six Months Option – FAR 52.217-9 Option To Extend the Term of the Contract

2.1 PRICE ASSUMPTIONS

Offerors may use the following assumptions on which to base prices. The estimates are based on the number of cases per area.

Base Year

Areas # of Cases

Brownsville, TX 47

Houston, TX 11

Chicago, IL 12

NJ/NY 20

Washington DC/MD 10

Total 100

Option 1

Areas # of Cases

Brownsville, TX 47

Houston, TX 11

Chicago, IL 12

NJ/NY 20

Washington, DC/

Baltimore, MD

Optional Areas Period I

Phoenix, AZ 20

Miami, FL 10

San Antonio, TX 20

Total 50

Option 2

# of Cases

Brownsville, TX 47

Houston, TX 11

Chicago, IL 12

NJ/NY 20

Washington, DC/

Baltimore, MD

Optional Areas Period 2

Phoenix, AZ 20

Miami, FL 10

San Antonio, TX 20

Total 50

3. STATEMENT OF OBJECTIVE (SOO)

PROJECT TITLE: Child Advocate

3.1 PURPOSE OF THE CONTRACT

The purpose of this effort is to obtain contractor services to establish the appointment of a child advocate to vulnerable Unaccompanied Children (UC) in ORR custody can ensure the child's best interests are identified. An assigned child advocate spends time with the child and develops a relationship of trust with the child. Some of the duties of the child advocate will be to develop a service plan with the shelter facility staff and child's attorney, visit the child regularly, explain communication limitations and confidentiality to the child, obtain background information on the child, including information concerning the child's departure from his or her country of origin, the child's journey to the United States, the child's arrival in the

United States, the period between apprehension and transfer to HHS custody, and time in the United States before apprehension, if any.

Significantly, the child advocate spends time with the UC and speaks with the child's Clinician, Case

Manager, teachers, and other shelter staff to understand the child's current situation (for example, education, therapeutic services, social support, etc.). The child advocate helps the child process information and explains the consequences of decisions, and assists the child to make decisions in situations in which the child requests help. For children who are not able to make decisions (due to cognitive or other reasons), the child advocate will identify the options that are in the child's best interests in a written report and will explain why other apparent options are excluded. The child advocate develops recommendations and advocates as to the best interests of the child with respect to issues related to the child's custody, care, detention, release and repatriation as well as with respect to any state and federal court proceedings involving the child.

3.2 BACKGROUND

The U.S. Department of Health and Human Services (HHS), Administration for Children and Families, Office of Refugee Resettlement (ORR) requires a contractor to provide child advocates appointed by HHS to make best interest recommendations for unaccompanied children in the care and custody of HHS. ORR requires a contractor that can implement, coordinate and manage a national child advocate program at select sites where large numbers of unaccompanied children are in HHS care and custody and/or released from

HHS custody.

On March 1, 2002, the Homeland Security Act of 2002, §462, 6 U.S.C. § 279, transferred the functions under U.S. immigration laws regarding the care and placement of Unaccompanied Children (UC) from the former Immigration and Naturalization Service to the Director of the Office of Refugee Resettlement

(ORR). The Division of Unaccompanied Children's Services (DUCS) was created within ORR to serve this purpose, in 2011 ORR reorganized and the UC program was brought under the newly formed Division of

Children’s Services (DCS). The UC population includes those who: (1) have no lawful immigration status in the United States; (2) have not attained 18 years of age; and (3) with respect to whom - (i) there is no parent or legal guardian in the United States; or (ii) no parent or legal guardian in the United States is available to provide care and physical custody.

On December 23, 2008, the William Wilberforce Trafficking Victims Protection Reauthorization Act of

2008 (TVPRA) was passed. The law modified and expanded HHS' role in the care of UC. Section

235(c)(6), 8 U.S.C. § 1232(c)(6) notes, “[t]he Secretary of Health and Human Services is authorized to appoint independent child advocates for child trafficking victims and other vulnerable unaccompanied alien children.” In March 2013, Congress passed the Violence Against Women Reauthorization Act (VAWA

2013), §1262 requires HHS to expand child advocate programs according to certain requirements and places expenditure restrictions on child advocate programs.

Included in VAWA 2013 are the following requirements for this contract:

• No more than 10% of Federal funds received under this contract may be used for administrative expenses

• The contractor shall contribute non-Federal funds, either directly or through in-kind contributions, to the costs of the child advocate program in an amount that is not less than 25 percent of the total amount of Federal funds received by the child advocate program under this section. In-kind contributions may not exceed 40 percent of the matching requirement under the contract.

3.3 OBJECTIVE – Child Advocate

The Contractor shall furnish all of the necessary personnel, materials, and services incident to the performance of the work as stated in this contract.

3.4 SCOPE OR MISSION

The scope of this effort aims to promote compliance with the Homeland Security Act of

2002, §462, 6 U.S.C. § 279, which transferred the functions under U.S. immigration laws regarding the care and placement of Unaccompanied Children (UC) from the former

Immigration and Naturalization Service to the Director of the Office of Refugee Resettlement

(ORR). The Division of Unaccompanied Children's Services (DUCS) was created within ORR to serve this purpose, in 2011 ORR reorganized and the UC program was brought under the newly formed Division of Children’s Services (DCS). The UC population includes those who: (1) have no lawful immigration status in the United States; (2) have not attained 18 years of age; and (3) with respect to whom - (i) there is no parent or legal guardian in the United States;

or (ii) no parent or legal guardian in the United States is available to provide care and physical custody.

3.5 PERIOD OF PERFORMANCE

The total potential period of performance for this effort is three (3) years, comprised of a one-year base period of performance beginning on the date of contract award, and two (2) 12-month option periods exercisable at the Government’s sole discretion. Prior to the conclusion of the final option period, the Government reserves the right to extend the contract for up to an addition six (6) months in accordance with FAR 52.217-8.

3.6 PLACE OF PERFORMANCE

The place of performance will be Brownsville, Texas; Houston, Texas; Chicago, Illinois; Newark, New Jersey/New York, New York; and, Washington, DC/Baltimore, Maryland. There may also be three additional locations, or alternate locations as agreed to between ORR and the contractor in fiscal year 2016 these locations are: Phoenix Arizona, San Antonio, Texas; and, Miami, Florida.

3.7 PERFORMANCE OBJECTIVES

A. Research and evaluate various models for the recruitment, training and supervision of linguistically capable child advocates.

B. Implement a national child advocate program with the ability to expand to various locations, listed below and as approved by the Contracting Officer Representative (COR)

C. Develop criteria for the referral and appointment of child advocates that meet the requirements of the

TVPRA and VAWA 2013. The referral process should be broad enough to allow stakeholders, including ORR care provider staff, legal service providers, attorneys, immigration judges, social workers, psychologists, Department of Homeland Security (DHS) officials, or others with contact with UC in ORR custody, to refer cases to HHS for appointment of a child advocate.

D. Develop an implementation plan to provide child advocate programs in the following locations:

a. Brownsville, Texas;

b. Houston, Texas;

c. Chicago, Illinois;

d. Newark, New Jersey/New York, New York; and,

e. Washington, DC/Baltimore, Maryland.

E. Develop an implementation plan to provide child advocate programs in the following three additional locations, or alternate locations as agreed to between ORR and the contractor starting in fiscal year 2016.

a. Phoenix, Arizona;

b. San Antonio, Texas; and,

c. Miami, Florida.

F. Develop a plan, in the form of a report based on best practices and models for appointing child advocates, to coordinate services for UC in ORR care and custody at locations identified in above D and E above.

G. Develop monthly reports and an annual report format based on fiscal year activities that will track the following information by Federal fiscal year:

a. Number of children referred for a child advocate, including a running total for the fiscal year;

b. Number of children appointed a child advocate, including a running total for the fiscal year;

c. Number of best interest recommendations made for UC, including a running total for the fiscal year, including the number of best interest determinations (BIDs) within the 30-day timeline under H;

d. Identifying the reasons (under the criteria agreed to under B) for the referral of children for a child advocate appointment;

e. Identifying the reasons (under the criteria agreed to under B) for children appointed a child advocate; and,

f. Providing for program updates, including successes or matters of concern at individual child advocate locations.

H. Develop a plan to provide timely, quality, Best Interest Determinations (BID) for UC in HHS care and custody within 30-days of a request for a BID, that utilize best practices and international standards, as appropriate.

I. The contractor shall coordinate with ORR and its stakeholders, including but not limited to, ORR care providers, ORR funded legal service providers, and Case Coordinators in the provision of services.

J. In conjunction with ORR, develop joint information sharing policies.

3.8 KEY PERSONNEL

1. Project Director

a. Responsible for overall project management including program and budgetary.

b. Create and monitor work plans

c. Ensure that programmatic deliverables are produced and performed at an acceptable level.

d. Provide training and technical assistance to child advocates.

e. Assigns cases to child advocates

2. Child Advocates

a. Provides best interest determinations for assigned children in accordance with terms of this contract.

b. Serve as principal case contact and liaison for assigned cases to child, ORR staff, facility staff and attorneys.

c. Has a minimum of bachelor’s degree in the field of human services and 5 years of work experience in child welfare.

3.9 SUGGESTED STAFFING

1 FTE Program Director

1 FTE Program Assistant

Child Advocates at a 1:15 advocate to case ratio

3.10 OPERATING CONSTRAINTS

Constraints are mainly as a result of Violence Against Women Reauthorization Act (VAWA 2013), §1262 which places the following expenditure restrictions on child advocate programs.

• No more than 10% of Federal funds received under this contract may be used for administrative expenses

• The contractor shall contribute non-Federal funds, either directly or through in-kind contributions, to the costs of the child advocate program in an amount that is not less than 25 percent of the total amount of Federal funds received by the child advocate program under this section. In-kind contributions may not exceed 40 percent of the matching requirement under the contract.

3.11 Quality Assurance Surveillance Plan (QASP)

See Attachment A

4. PACKAGING AND MARKING

4.1 PACKAGING AND MARKING

All information and deliverables shall be delivered to the Contracting Officer’s Representative and shall be marked as follows:

1. Name and address of the Contractor;

2. Contract Number; TBD at time of award

3. Description of item contained therein; and

4. Consignee's name and address.

5. INSPECTION AND ACCEPTANCE

5.1 INSPECTION AND ACCEPTANCE (COMMERCIAL)

Pursuant to 52.212-4, all work described in the SOW/PWS/SOO to be delivered under this contract is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the Government's COR, who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor.

6. DELIVERIES OR PERFORMANCE

6.1 PERIOD OF PERFORMANCE

The period of performance shall be for a base period of twelve (12) months with three (3) twelve (12) month option periods, as follows (The anticipated contract/effective date is July 31, 2015).

Base Period: 08/03/2015 through 07/31/2016

Option Period 1: 08/03/2016 through 07/31/2017

Option Period 2: 07/31/2017 through 07/31/2018

Option periods may be exercised in accordance with FAR Clause 52.217-9 entitled "Option to Extend the

Term of the Contract."

6.2 REPORT(S)/DELIVERABLES AND DELIVERY SCHEDULE

The contractor shall submit all required report(s)/deliverables in accordance with the following schedule:

All reports shall reference and cite the contract/order number.

The following schedule of milestones will be used by the Contracting Officer (CO) and Contracting

Officer’s Representative (COR) to monitor timely progress under the contract.

Report Quantity Due Date Format

The Contractor shall develop and adhere to its Program Plan that fully documents their management and implementation approach for this contract.

One time Within 30 days of award

PDF document, no longer than 20 pages in length

Develop criteria for the referral and appointment of child advocates that meet the requirements of the TVPRA and VAWA 2013.

Monthly Report

Within first 5 business days monthly

PDF Report

The Contractor shall staff all positions identified and described on the

Statement of Objectives, to provide services multiple all locations unless otherwise specified by the Government.

One time Within 30 days of award

PDF document, no longer than 20 pages in length

The Contractor shall provide a monthly report and an annual report format based on fiscal year activities that will track the following information by

Federal fiscal year:

a. Number of children referred for a child advocate, including a running total for the fiscal year;

b. Number of children

Monthly Report

Within first 5 business days monthly

PDF Report appointed a child advocate, including a running total for the fiscal year;

c. Number of best interest recommendations made for UC, including a running total for the fiscal year, including the number of best interest determinations (BIDs) within the 30-day timeline under task F;

d. Identifying the reasons

(under the criteria agreed to under task B) for the referral of children for a child advocate appointment;

e. Identifying the reasons

(under the criteria agreed to under task B) for children appointed a child advocate; and, Providing for program updates, including successes or matters of concern at individual child advocate locations

The Contractor shall meet all requirements for training and technical assistance for Child Advocates, unless otherwise specified by the Government

One time Within 14 days of implementatio n and for new hire

PDF document, no longer than 20 pages in length

The Contractor shall develop and be prepared to scale operations to meet fluctuations in mission requirements.

The Contractor shall commence scale-down activities with the direction, coordination, and approval of the COR.

One time Within 30 days of initial COR approval

PDF document, no longer than 20 pages in length

The Contractor shall provide a status report as per the Statement of objectives to the COR by the 5th business day of the month.

Monthly Report

Within first 4 business days monthly

PDF report

7. CONTRACT ADMINISTRATION DATA

7.1 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AUTHORITY

The name and address of the COR assigned to this contract is:

(To be completed at award)

7.2 INVOICE SUBMISSION - COMMERCIAL

The Contractor shall submit invoices once per month. A complete invoice with all required back-up documentation shall be sent electronically, via email, to:

1. Contract Specialist via DAM mailbox: pscsas.invoices@psc.hhs.gov.*

2. Contracting Officer’s Representative (COR):

3. Financial Management Service (FMS): psc_invoices@psc.hhs.gov.*

* No other non-invoice related documents (i.e. deliverables, reports, balance statements) shall be sent to the

DAM and FMS mailboxes. Invoices Only.

The subject line of your email invoice submission shall contain the contract number, contract line item number, the order number, if applicable, and the number of invoices. The Contractor shall send one email per contract per month. The email may have multiple invoices for the contract. Invoices must be in the following formats: PDF, TIFF, or Word. No Excel formats will be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF or TIFF or Word).

Invoices shall be submitted in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.

All calls concerning contract payment shall be directed to the COR.

In accordance with FAR 52.212-4, Contract Terms and Conditions—Commercial Items, a proper invoice must include the following items:

FAR 52.212-4(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—

Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315. Additionally, the FMS requires the contractor to include its Dun & Bradstreet Number (DUNS) on each invoice.

In accordance with OMB Memorandum, M-11-32, Agencies shall make payments to small businesses as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. If a small business contractor is not paid within this (15 day) accelerated period, the contractor will not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged by means of this memorandum. All small businesses shall label all invoices as “Small

Business.”

Additionally, in accordance with OMB Memorandum, M-12-16, all prime contractors are encouraged to disburse funds received from the Federal Government to their small business subcontractors in a prompt manner. To assist prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMB Memorandum M-11-32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors.

In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this order will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management.

7.3 HHSAR 352.242-70 KEY PERSONNEL. (JAN 2006)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The

Government may modify the contract to add or delete key personnel at the request of the contractor or

Government.

(End of clause)

Name Title

TBD at time of award

8. SPECAL CONTRACT REQUIREMENTS

8.1 CONTRACTOR PERFORMANCE EVALUATION(S)

During the life of this contract, Contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. The Contractor Performance Assessment Reporting System (CPARS) will be utilized for these reviews. Information on CPARS can be located at http://www.cpars.gov.

8.2 RESTRICTIONS ON DISCLOSURE OF INFORMATION

Information made available to the contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.

The contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each contractor or employee of the contractor to whom information may be made available or disclosed shall be notified in writing by the contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

The contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the

Government between the contractor and the data owner which provides for greater rights to the contractor.

The Contractor agrees not to release or disclose, verbally or in writing, information pertaining to the results or findings of work (including data collection, analyses, draft or final papers and reports) for the period of this contract without first notifying the COR in writing at least 21 days prior to the release or disclosure.

At a minimum, the notification shall include: (1) who or what is generating the request for advance information; (2) when and how project results/information would be released; and (3) what information would be released.

8.3 DEPARTMENT OF LABOR

1.) The Department of Labor Wage Determination listed below is incorporated into the contract effective at the date of award.

Wage Determination No.: (To be completed at time of award)

2.) The Contractor is put on notice that after performance begins, the Contractor is responsible for paying employees at least the applicable wage determination rate, if one exists, for the place of performance. The Department of Labor strictly enforces the Service Contract Act (SCA) for all service employees covered by the SCA.

8.4 PUBLICATIONS/AUDIOVISUAL/PUBLIC AFFAIRS SERVICES

The Department of Health and Human Services requires that prior approval be obtained, in writing, from the Office of the Assistant Secretary of Public Affairs (OASPA), before initiating the production of any item or deliverables that will involve:

a. Publications development (print products, electronic bulletin boards, posting on the internet, etc.

b. Public affairs services in excess of $5000

c. Audiovisuals (regardless of the audio, video, or audiovisual medium employed)

The contractor shall submit a request for approval to the COR for any items or deliverables that need public affairs clearance prior to development. Please allow 4-6 weeks for approval.

Further guidance can be found in the Public Affairs Management Manual (PAMM). The PAMM sets forth the policies governing publications, audiovisuals and exhibits, and public affairs services. Publications are defined in 5-00-15 of the Public Affairs Management Manual (PAMM). Public affairs services are defined in 8-00-20 of the PAMM.

A copy of the PAMM can be downloaded from the following website:

http://www.hhs.gov/hhsmanuals/public_affairs.pdf

8.5 PRINTING AND DUPLICATION/COPYING

The terms "printing" and "duplicating/copying" are defined in the Government Printing and Binding

Regulations of the Joint Committee on Printing, CFR Title 44. The regulations can be access at http://www.gpo.gov/pdfs/customers/sfas/jcpregs.pdf.

Printing:

No printing by the Contractor or any subcontractor is authorized under this contract. All printing required hereunder must be performed by the Government Printing Office, in accordance with CFR Title 44; Public

Law 102-392, as amended by H.R. 4454; and The Legislative Branch Appropriations Act 2995. The

Contractor shall complete Form HHS 26 and submit it along with all camera-ready copies to the

Contracting Officer's Representative (COR).

Duplicating/Copying:

If necessary for performance of the contract, the Contractor may duplicate or copy less than 5,000 production units of only one page, or less than 25,000 production units in aggregate of multiple pages for the use of a department or agency. A production unit is defined as one sheet, size 8.5 x 11 inches, one side only, and one color. The pages may not exceed a maximum image size of 10-3/4 by 14-1/4 inches. This page limit is per requirement and not per contract.

All printing, as well as duplicating/copying in excess of the stated limits, shall be obtained by the COR through the Publishing Services, Program Support Center. The cost of any unauthorized printing or duplicating /copying under this contract will be considered an unallowable cost for which the Contractor will not be reimbursed.

9. CONTRACT CLAUSES

9.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/ http://www.hhs.gov/policies/hhsar http://www.hhs.gov/hhsmanuals/public_affairs.pdf http://www.acquisition.gov/far/ http://www.hhs.gov/policies/hhsar

a. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CONTRACT

CLAUSES

FAR Clause No.: Title and Date

1. 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

2. 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR (JAN 2011)

3. 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(MAY 2015)

4. 52.227-14 RIGHTS IN DATA – SPECIAL WORKS (DEC 2007)

5. 52.242-15 STOP WORK ORDER (AUG 1989)

DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION

(HHSAR) (48 CFR CHAPTER 3) CONTRACT CLAUSES

HHSAR Clause No.: Title and Date

352.202-1 DEFINITIONS (JAN 2006)

352.222-70 CONTRACTOR COOPERATION IN EQUAL EMPLOYMENT

OPPORTUNITY INVESTIGATIONS (JAN 2010)

352.224-70 PRIVACY Act (JAN 2006)

352.231-71 PRICING OF ADJUSTMENTS (JAN 2001)

352.234-4 Pro-Children Act (JAN 2006)

352.237-71 Crime Control Act – Reporting of Child Abuse (JAN 2006)

352.237-72 Crime Control Act – Requirement for Background Checks (JAN 2006)

352.239-70 STANDARD FOR SECURITY CONFIGURATIONS (JAN 2010)

352.239-71 STANDARD FOR ENCRYPTION LANGUAGE (JAN 2010)

352.242-71 TOBACCO-FREE FACILITIES (JAN 2006)

352.242-73 Withholding of Contract Payments (JAN 2006)

9.2 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERICAL ITEMS (MAY 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19

U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I

(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of

Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)

(Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

_X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul

2013) (41 U.S.C. 2313).

_X__ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012)

(section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan

2011) (if the Offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).

_X__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns

(Oct 2008) (10 U.S.C. 2323) (if the Offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and

Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (23) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct

2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15

U.S.C. 657f).

___ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business

(EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible

Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X__ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

__X_ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

__X_ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__X_ (32) 52.222-35, Equal Opportunity for Veteran (Jul 2014) (38 U.S.C. 4212).

__X_ (33) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__X_ (34) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

___ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

__X_ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items

(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and

13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014)

(E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (43) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (44) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and

112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (45) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X_ (46) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (47) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2303 Note).

___ (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

___ (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

__X_ (52) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013)

(31 U.S.C. 3332).

___ (53) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management

(Jul 2013) (31 U.S.C. 3332).

___ (54) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__X_ (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (56) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__X_ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

__X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

_X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter

67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

_X__ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-17, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter

67.)

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302

Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause

52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

9.3 FAR 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to contract expiration.

9.4 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the

Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months.

9.5 FAR 52.222-49 Service Contract Labor Standards – Place Of Performance

Unknown (MAY 2014)

(a) This contract is subject to the Service Contract Act, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following: N/A. The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing prior to award.

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals.

However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

(End of clause)

9.6 FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec

2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt

Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

9.7 HHSAR 352.203-70 ANTI-LOBBYING (MAR 2012)

Pursuant to the current HHS annual appropriations act, Public Law 112-74, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for:

(a) Publicity or propaganda purposes;

(b) The preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State or local legislature itself; or designed to support of defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government, except in presentation to the executive branch of any State or local government itself; or

(c) Payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any…